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NY E86582




September 21, 1999

CLA-2-95: D13 E86582

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.10.0010

Mr. Joseph R. Hoffacker
BARTHCO Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, Pa 19153

RE: The tariff classification of a “Plasticville Dairy Barn” and a “Hobo Jungle” made in China.

Dear Mr. Hoffacker;

In a letter dated August 25, 1999 you requested a tariff classification ruling on behalf or your client, Bachmann Industries, Inc. Samples were submitted.

Sample #1 is a “Plastic Dairy Barn”, item #45602. This article is a plastic barn with an attached silo. The barn measures approximately 5” high, 8” in length and 5.25” in width. The barn is packaged in a ready to assemble form that contains 15 pieces. The pieces join together without glue. This barn and silo are used to add a realistic appearance to model railroad layouts. The package indicates the barn is made to “O” scale.

Sample #2 is a “Hobo Jungle”, item #45983. The “Hobo Jungle” is actually four plastic buildings in a single package. There is an “A” Frame shack, a “slanted” roof shack, a “covered” box car, and an “outhouse”. Each of the buildings is in a ready to assemble form and can be assembled without glue. These buildings are used to add a realist appearance to model railroad layouts. The package indicates these articles are also made to “O” scale.

The applicable subheading for the “Plastic Dairy Barn”, item #45602 and the “Hobo Jungle”, item #45983 will be 9503.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electric Trains, including tracks, signals, and other accessories thereof, parts thereof: Assembly Kits with construction units prefabricated to an essentially uniform scale of the actual article.” The rate of duty is free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Jeffrey R. Walgreen
Port Director

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